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Shooting Defendant’s No-Show May Further Delay Case

A non-fatal shooting defendant refused to appear for the third time for a hearing on July 8 before DC Superior Court Judge Andrea Hertzfeld

Rashid Shabazz, 36, pleaded guilty on Sept. 27, 2024, to unlawful discharge of a firearm and unlawful possession of a firearm with a prior conviction for his alleged involvement in a non-fatal shooting that occurred on March 4, 2024, on the 5000 block of Banks Place, NE.

Shabazz has yet to be sentenced, as multiple lawyers have been appointed and withdrawn from his case. Additionally, Shabazz has refused to come to court for his last three scheduled court dates. At a hearing on June 26, Judge Hertzfeld said she would grant him one last chance to appear in her court. 

At his most recent hearing on July 8, Shabazz once again refused to appear in court per the Department of Corrections (DoC). Shabazz’s defense attorney, Susan Borecki, also informed the court that the defendant has refused to communicate with her and requested to withdraw from the case. 

Borecki’s request was deferred until the next hearing by DC Superior Court Judge Carmen McLean, who has been transferred to the case. This was done by the court to see if the defendant will appear at his next hearing. 

Parties are slated to reconvene July 10.

Judge Offers One More Chance to Restore Shooting Suspect’s Mental Competence

DC Superior Court Judith Pipe granted 30 extra days for an evaluation to show whether a shooting suspect, initially found incompetent, is now mentally fit to stand trial during a hearing on July 2. 

Kevin Harrison, 24, is charged with unlawful discharge of a firearm, possession of an unregistered firearm, unlawful possession of ammunition, possession of a large capacity ammunition feeding device, and carrying a pistol without a license outside a home or place of business for his alleged involvement in a non-fatal shooting on June 26, 2023, on the 2100 block of Georgia Avenue, NW. No injuries were reported. 

The law requires that to stand trial a defendant must understand the charges against him and participate in his legal defense.

The Department of Behavioral Health (DBH) report showed Harrison was attending classes and making good progress towards competency; however they didn’t say that his competence can be restored. The DBH also shared that Harrison refused to discuss the case.

Defense attorney Patrick Nowak argued that Harrison had already completed three restoration attempts and was failing because his cognitive impairment, specifically a learning disability prevented him from a rational understanding of his case.

He insisted that it’s the prosecution’s burden to prove that there is substantive probability of mental restoration so a trial can proceed.

Judge Pipe stated “I am giving them one more opportunity,” but she made it clear that the prosecution must have an expert witness testify to the finding. 

The next hearing is Aug. 5.

Shooting Defendants Waive Right to Independent DNA Testing

Two shooting defendants waived their right to independent DNA testing before DC Superior Court Judge Jason Park on July 8.

Jerome Dukes, 34, and Justin Borum, 35, are charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior crime of violence for their alleged involvement in the fatal shooting of 21-year-old Jayvon Jones on Feb. 21, 2023. The incident occurred on the 1400 block of Saratoga Avenue, NE. 

Dukes and Jerome declined to do independent DNA testing on the 223 pieces of physical evidence gathered by the prosecution. The extensive list included multiple firearms, more than 90 cartridge casings, and a blood card from the victim.

In the testing done by the prosecution, Borum’s DNA likely matched with samples gathered from the recovered firearms. Dukes’ DNA was excluded from all of the evidence.

Parties are slated to reconvene on Oct. 3.

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